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Difference between revisions of "How to read patents"

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(==How to spot "software" claims== Patents can include claims on a mix of software and hardware ideas. When we say "hardware ideas", we mean claims that can only by infringed by making or distributin)
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When '''reading patents''', the most important part of a patent are the "claims".  These are the ideas that are covered by the patent.  The abstract of the patent is just a description.  It's a common mistake to read the abstract as a summary - it is ''not'' a summary.  The abstract just describes the domain in which the claims are situated.
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When '''reading patents''', the most important part of a patent are the "claims".  These are the ideas that are covered by the patent.  It's a common mistake to read the abstract as a summary - it is ''not'' a summary.  The abstract just describes the domain in which the claims are situated.
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==What to look for: the claims==
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The claims are not easy to find, look for a numbered list, introduced usually by either:
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* ''What we claim is''
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* ''What is claimed is''
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==How to spot "software" claims==
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Patents can include claims on a mix of software and hardware ideas.  When we say "hardware ideas", we mean claims that can only by infringed by making or distributing hardware.  Here are example(s) of keywords that indicate that a claim might cover an idea which a software developer or software distributor might use:
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* ''A method for...'' (at least in the [[USA]])
  
 
==Related pages on {{SITENAME}}==
 
==Related pages on {{SITENAME}}==

Revision as of 15:13, 3 June 2010

When reading patents, the most important part of a patent are the "claims". These are the ideas that are covered by the patent. It's a common mistake to read the abstract as a summary - it is not a summary. The abstract just describes the domain in which the claims are situated.

What to look for: the claims

The claims are not easy to find, look for a numbered list, introduced usually by either:

  • What we claim is
  • What is claimed is

How to spot "software" claims

Patents can include claims on a mix of software and hardware ideas. When we say "hardware ideas", we mean claims that can only by infringed by making or distributing hardware. Here are example(s) of keywords that indicate that a claim might cover an idea which a software developer or software distributor might use:

  • A method for... (at least in the USA)

Related pages on ESP Wiki

External links

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